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STATE v. PARK COUNTY

No. 10360.

376 P.2d 998 (1962)

The STATE of Montana, State Highway Commission of the State of Montana, and Harry L. Burns, L. V. Swanson, Otis S. Waters, S.N. Halvorson and Roy L. Sorrels, as Members and Constituting the State Highway Commission of the State of Montana, Plaintiffs And Appellants, v. PARK COUNTY, a Political Sub-Division of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided December 19, 1962.

Attorney(s) appearing for the Case

Clayton R. Herron, K. M. Bridenstine (argued orally), Forrest H. Anderson, Atty. Gen., Helena, for appellants.

David B. Fitzgerald (argued orally), Jack D. Shanstrom, Co. Atty., Livingston, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal by the State Highway Commission from a jury verdict in a condemnation action.

The land sought to be condemned for the Interstate Defense Highway system was part of a 210 acre tract owned by Park County.

The land appropriated contained about 30 acres of the 210 acre tract which was used by the County as a county farm and upon which was located the home for the aged and indigent. The land was primarily farm...

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